DC Council Passes FOI Amendments

The legislation expands the law to cover electronic records consistent with amendments to federal law, extends FOIA coverage to private contractors that perform government functions, and expressly includes the council under FOIA coverage.

Mayor Anthony Williams signed the legislation, which is now waiting for approval from the D.C. Control Board and Congress.

A mini-audit was conducted in October on the effectiveness of the city’s FOI law. The council staff found that five of seven city agencies stalled or completely refused to provide requested records that probably did not fall within city exemptions.

And, testimony given during a public hearing at which members of the MDDC Government Affairs Committee participated, revealed a perception that the District government fosters a culture of secrecy.

"In too many cases government workers do not know that the public has a right to public documents," said Councilmember Kathy Patterson, who introduced the bill.

The legislation is an effort "to remind all of us who work for the public that our business is their business," she added.

It also provides for training of FOIA officers and includes penalties for violations of the law. The bill makes it a misdemeanor for officials to fail to provide non-exempt records within the time limits of the act, with violations carrying a $100 fine.

The amendments require the mayor’s office to produce a detailed report of the numbers of requests made, and the numbers and types of responses to requesters.

"This is not simply an academic exercise to test whether we are in compliance with provision of a particular law," added Patterson, a former reporter for The Kansas City Star. "My own personal bias in this regard comes from my own background as a newspaper journalist with a firm belief in open government — not open government as an end in itself, but open government that is, by being open, better government."